N.S. MUST PAY FOR WOMAN'S MEDICAL MARIJUANA, JUDGE
RULES

The province has been ordered to pay for the medical marijuana used by
a woman who is on social assistance.

In a decision released this afternoon, the Supreme Court of Nova
Scotia has ordered the Department of Community Services to pay for
Sally Campbell's prescription pot.

She suffers from a number of ailments and has a certificate from
Health Canada giving her permission to use marijuana to help alleviate
her pain and nausea.

The province had denied Campbell's request that it increase her
monthly allowance to cover the cost of the marijuana. Campbell
appealed that decision to a one-person appeal board, which also denied
her request.

Campbell went before a Supreme Court justice last month and won, with
the decision released publicly this afternoon.

Dalhousie Legal Aid lawyer Donna Franey presented Campbell's case,
which she first took on in 2005.

"It's been a long process," and she believes that's because this case
deals with marijuana.

"I don't think we'd be going through this if it was Tylenol 3. I think
there's so much scrutiny of this case because of what it is, I think
that's why it's been such a difficult fight."

Justice Minister Ross Landry declined to comment on the specific case
because his department hasn't yet reviewed it, but said he has no
problem with the ruling if medical officials determine marijuana is a
benefit to someone's health.

"If that's the medication for them I don't have an issue with that as
long as it's controlled and regulated in an appropriate manner to
ensure the safety of the person receiving the treatment," Mr. Landry
said at Province House this afternoon.

"I also want to make sure the public itself is safe."

Franey said she has seen Campbell go without medical marijuana because
she didn't have the money to pay for it and she was debilitated by the
pain. Franey called her Monday evening with news of the decision.

"She's excited. Very, very pleased," Franey said. "She's tried a lot
of other medications and they were just toxic, she suffered some
horrible side effects. In terms of her health and quality of life,
it's going to make a huge difference."

Franey predicts this decision could have far-reaching implications for
the province because many disabled people are not able to work. She
expects there will be others on income assistance who also use medical
marijuana and will now come forward and ask the province to pay for
it.

However, each applicant will have to do what Campbell did - appear
before a special needs hearing and prove that the marijuana improves
the client's quality of life, works better than other medications and
is essential to the person's well-being.

Campbell's doctor had provided a letter saying medical marijuana is
"essential to her health and well-being." In addition to helping with
pain and nausea, he said it also improves her concentration, focus and
energy level.

In his decision, Justice Gerald Moir writes that the appeal board
really had only one rational finding based on the evidence provided.

"Medical marijuana is essential for Ms. Campbell."

With Jeffrey Simpson, provincial reporter